Senate Bill S8457

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8457
 
                             I N  S E N A T E
 
                               March 2, 2022
                                ___________
 
 Introduced  by Sen. MARTUCCI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to  a  required  sentence  of
   life imprisonment without parole for the murder of a child
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subparagraph (i) of  paragraph  (a)  of  subdivision  3  of
 section 70.00 of the penal law, as amended by chapter 107 of the laws of
 2006, is amended to read as follows:
   (i) For a class A-I felony, such minimum period shall not be less than
 fifteen  years  nor more than twenty-five years; provided, however, that
 (A) where a sentence, other than a sentence of death or  life  imprison-
 ment  without parole, is imposed upon a defendant convicted of murder in
 the first degree as defined in section 125.27 of this chapter such mini-
 mum period shall be not less than twenty years nor more than twenty-five
 years, and, (B) where a sentence is imposed upon a  defendant  convicted
 of  murder  in  the  second  degree  as defined in [subdivision five of]
 section 125.25 of this chapter WHERE THE VICTIM IS  LESS  THAN  EIGHTEEN
 YEARS  OLD,  or  convicted  of  aggravated  murder as defined in section
 125.26 of this chapter, OR CONVICTED OF MURDER IN THE  FIRST  DEGREE  AS
 DEFINED  IN SECTION 125.27 OF THIS CHAPTER WHERE THE VICTIM IS LESS THAN
 EIGHTEEN YEARS OLD, the sentence  shall  be  life  imprisonment  without
 parole,  and, (C) where a sentence is imposed upon a defendant convicted
 of attempted murder in the  first  degree  as  defined  in  article  one
 hundred ten of this chapter and subparagraph (i), (ii) or (iii) of para-
 graph  (a)  of  subdivision  one and paragraph (b) of subdivision one of
 section 125.27 of this chapter or attempted aggravated murder as defined
 in article one hundred ten of this chapter and section  125.26  of  this
 chapter such minimum period shall be not less than twenty years nor more
 than forty years.
   §  2.  Subdivision  5 of section 70.00 of the penal law, as amended by
 section 40-a of part WWW of chapter 59 of the laws of 2017,  is  amended
 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14902-01-2
              

 S. 8457                             2
 
   5.   Life  imprisonment  without  parole.  Notwithstanding  any  other
 provision of law, a defendant sentenced  to  life  imprisonment  without
 parole  shall  not  be  or  become  eligible  for  parole or conditional
 release. For purposes of commitment and custody, other than  parole  and
 conditional  release,  such sentence shall be deemed to be an indetermi-
 nate sentence. [A] EXCEPT AS OTHERWISE PROVIDED IN  THIS  SUBDIVISION  A
 defendant  may  be  sentenced  to  life imprisonment without parole upon
 conviction for the crime of murder in the first  degree  as  defined  in
 section  125.27  of  this  chapter and in accordance with the procedures
 provided by law for imposing a sentence for such crime. A defendant  who
 was  eighteen years of age or older at the time of the commission of the
 crime must  be  sentenced  to  life  imprisonment  without  parole  upon
 conviction  for  the  crime of terrorism as defined in section 490.25 of
 this chapter, where the specified offense the defendant committed  is  a
 class  A-I felony; the crime of criminal possession of a chemical weapon
 or biological weapon in the first degree as defined in section 490.45 of
 this chapter; or the crime of criminal  use  of  a  chemical  weapon  or
 biological  weapon  in  the first degree as defined in section 490.55 of
 this chapter; provided, however, that nothing in this subdivision  shall
 preclude  or  prevent  a  sentence  of  death when the defendant is also
 convicted of the crime of murder in  the  first  degree  as  defined  in
 section  125.27  of this chapter. A defendant who was seventeen years of
 age or younger at the time  of  the  commission  of  the  crime  may  be
 sentenced,  in  accordance  with  law,  to  the applicable indeterminate
 sentence with a maximum term of life imprisonment. A defendant  must  be
 sentenced  to  life  imprisonment without parole upon conviction for the
 crime of murder in the second degree as defined in [subdivision five of]
 section 125.25 of this chapter, AGGRAVATED MURDER AS DEFINED IN  SECTION
 125.26  OF  THIS  CHAPTER,  OR  MURDER IN THE FIRST DEGREE AS DEFINED IN
 SECTION 125.27 OF THIS CHAPTER, WHERE THE VICTIM WAS LESS THAN  EIGHTEEN
 YEARS  OLD, or for the crime of aggravated murder as defined in subdivi-
 sion one of  section  125.26  of  this  chapter.  [A  defendant  may  be
 sentenced  to  life  imprisonment without parole upon conviction for the
 crime of aggravated murder as defined  in  subdivision  two  of  section
 125.26 of this chapter.]
   § 3. This act shall take effect immediately.